Disability Equity 3

8/8/2019 Disability Equity 3

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Disability Equity Management

Introduction Session 3


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The Employment

Equity Act - 1998


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Key Requirements of the EE Act

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ACHIEVING WORKPLACE EQUITY

Elimination ofunfairdiscrimination

Implementingaffirmative actionmeasures to redressdisadvantages inemploymentexperienced by

designated groups

CHAPTER II CHAPTER III


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EE Act Purpose

Promote constitutional right to equality

Promote exercise of true democracy

Eliminate unfair discrimination in employment

Ensure the implementation of employment equity toredress the effects of discrimination

Achieve a diverse workforce broadly representativeof our people

Promote economic development & efficiency in theworkforce

Give effect to SAs ILO obligations

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Key EE Act Definitions

Reasonable accommodation

any modification or adjustment to a job orto the working environment that will enablea person from a designated group to haveaccess to or to participate or advance inemployment

Suitably qualified person

a person contemplated in sections 20(3) & (4)

s20(3) - Criteria to consider

s20(4) - How to consider them

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Suitably Qualified Person

3) For purposes of this Act, a person maybe suitably qualified for a job as a result ofany one of, or any combination of thatpersons -

(a) formal qualifications;

(b) prior learning;

(c) relevant experience; or (d) capacity to acquire, within a

reasonable time, the ability to do the job.

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(5) In making adetermination under subsection(4), an employer may notunfairly discriminate

against a person solely onthe grounds of that personslack of relevant experience.

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EE Act Chapter II: Prohibition of

Unfair Discrimination Came into effect in February 1999

Equal opportunity to be promoted by

eliminating unfair discrimination Unfair discrimination, directly or indirectly,

prohibited on one or more grounds:

race, gender, sex, pregnancy, marital status,

family responsibility, ethnic or social origin, colour,sexual orientation, age, disability, religion, HIVstatus, conscience, belief, political opinion, culture,

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Fair Discrimination

It will not be unfair discriminationto

take affirmative action measures distinguish or prefer on the basis of

the inherent requirements of the job

Harassment is a form of unfairdiscrimination

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EE Act Chapter III: Affirmative Action

To achieve employment equity

By affirmative action measures

For designated employers only Has two main focuses

employment equity plan

implementing affirmative action measures

monitoring & enforcement

Came into effect in June 1999

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EE Act Affirmative Action Duties 1/2

S13(1) Designated employers mustimplement affirmative action measures forpeople from designated groups

S13(2) Designated employers must

consult with employees

conduct an analysis [ 3 Ps & WE]

prepare an employment equity plan annually report t the DoL's Director General

on progress with the plan

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EE Act Affirmative Action Duties 2/2

S13(1) Affirmative action measures:

apply to suitably qualified people

from the designated groups to ensure equal opportunities and

equitable representation

S15(2) AA measures must includespecific components

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Qualifications on AA Duties

Preferential treatment required

But not compulsory quotas

No absolute barriers to prospective or continued

employment or advancement of persons who are notfrom designated groups

See also

Director-General determination whether the employer is

implementing employment equity benchmarks against which progress and compliance will be

measured

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Specific Affirmative Action Measures

Identifying and eliminating employment barriers

Measures designed to further diversity

Making reasonable accommodation for people from

designated groups to ensure that they enjoy equalopportunities

Measures to

ensure the equitable representation of people from

designated groups in all occupational categories and levelsin the workforce

retain and develop people from designated groups and toimplement appropriate training

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Specific Affirmative Action Measures

f) whether the discrimination has a legitimate purpose;

(g) whether and to what extent the discriminationachieves its purpose;

(h) w

hether t

here are less restrictive and lessdisadvantageous means to achieve the purpose;

(i) whether and to what extent the respondenthas takensuch steps as being reasonable in the circumstancesto-

(i) address the disadvantage which arises from or isrelated to one or more of the prohibitedgrounds; or

(ii) accommodate diversity.

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Reflection


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Fill in Missing Word/Phrase

A. Motivated

B. Competent

C. Diverse

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EE Act Purpose1. Promote constitutional right to equality

2. Eliminate unfair discrimination3. redress the effects of discrimination4. Achieve a .. workforce


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True or False?

A. True

B. False

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Suitably qualified can bedetermined based on the

experience of an individualalone..


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(4), an employer may not

unfairly discriminateagainst a person solelyon the grounds of that

persons lack of relevantexperience.

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Fill In Missing Word/Phrase

A. Addition

B. Enrichment

C. Modification or adjustment

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Reasonable accommodationany ..to a job or to the working

environment that will enable a personfrom a designated group to have accessto or to participate or advance inemployment


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Remember

Additions and enrichment of a job couldbe part of reasonable accommodation

but the Act is specific: any modification or adjustment to a

job or to the working environment thatwill enable a person from a designatedgroup to have access to or to participateor advance in employment

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True/False

A. True

B. False

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Reasonable accommodation

is an Affirmative Actionmeasure


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Affirmative Action Measures

S13(1) Affirmative action measures:

apply to suitably qualified people

from the designated groups to ensure equal opportunities and equitable

representation

Making reasonable accommodation for people

from designated groups to ensure that theyenjoy equal opportunities

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Disability Equity 3